10.2. Inter-professional working group for overviewing the systemic problems…
in cooperation with the Ministers of Interior and Human Capacities, the establishment of an inter-professional working group (hereinafter the Working
Group) for remedying the systemic problems specified in my report.
The participants of the first meeting of the Working Group held on June 12,
2017 agreed on the necessity of establishing a new institution for the provisional placement and rehabilitation of patients to be released from the FPMI.
My colleagues noted that segmented forms of care should be provided, and
the necessary resources should be allocated. It would be appropriate to set up
a two-way system where patients could be sent to the institution both from
the FPMI and from “civil” psychiatric institutions as well. According to the
representative of the Ministry of Justice, new legislation would be justified
only after setting up the necessary infrastructure and the institutional framework, and it should be clarified as soon as possible whether this institution of
a new type should operate within the framework of the penitentiary system.
He asked the participants to send in the relevant data at their disposal and
their proposals regarding the issues raised during the meeting, as well as to indicate the involvement of which organs and experts they deemed necessary.
The second meeting of the Working Group held on December 4, 2017
focused on the forms of establishing and operating an institution facilitating, in a more liberal regime, the reintegration of persons released from
the FPMI into society. My colleagues stressed that it gave cause for serious
concern that those unable to start an independent life, irrespective of the
extent of threat that they pose to society, may have to spend the remaining part of their lives in the FPMI, i.e., in the penitentiary system. It falls
under government competence to decide whether this new institution,
which is suitable for providing adequate pre-care, should operate within
the frameworks of the healthcare or the penitentiary systems. According to
the Ministry of Human Capacities, the current system’s biggest shortcoming is that the restriction of personal liberty could be applied in social care
institutions only when behaviours presenting direct danger are imminent,
even if they had the required capacity. A provisional institution would be
needed where both social and healthcare are provided within one institution, and those concerned could be compelled to simultaneously avail
themselves of both social and healthcare services. The representative of the
Ministry of Justice could accept a solution when adaptive leave, with the
possibility of termination, should be spent in a social care institution, with
the proviso that the scope of applicable restrictions was provided for in a
legal regulation. The members of the Working Group shared the view that
it should be specified on an individual basis, based on the proposal made
by the institution where the patient is placed, by involving an independent
expert, when, during the adaptive period, it should be decided on what
type of institution should the given patient be transferred to. As regards
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